
In a society where crime rates are increasing, authorities often face cases of missing persons, whose whereabouts sometimes remain unknown.
Beyond the moments of agony experienced by the loved ones of the missing individuals, when a significant amount of time passes, questions arise regarding what will happen to their property and any pending obligations they had.
As a general rule, a person must be deceased in order to be succeeded. However, in disappearance cases, the element of death is absent, in the sense that no death has been medically confirmed.
The legislator, wisely, provided for the “Judicial Declaration of Death,” thus bypassing the uncertainty surrounding the status of missing individuals.
Article 14 of Cap. 195 outlines the conditions under which the Court may issue an order declaring a person deceased.
Specifically, such an order may be issued when:
- A person who was already 27 years old at the time of disappearance has been missing for 10 years.
If they were younger, the 10 years begin to count from the time they would have turned 27. - A person who was 69 years old or older at the time of disappearance has been missing for 5 years.
- A member of the armed forces disappears during a war, and 3 years have passed since the end of the war.
- A person who was on board a ship or aircraft disappears during a journey—then they may be declared dead one year after the vessel or aircraft is lost.
A ship or aircraft is considered lost if it does not return or fails to reach its destination within 3 years.
That is, if a ship does not arrive at its destination within 3 years, it is considered lost, and after that, the 1-year countdown begins for the passengers to be declared deceased. - A person under any other hazardous condition has been missing for a period of 3 years.
The Judicial Declaration of Death Order creates a rebuttable presumption that the person died on the date stated in the decree.
“Rebuttable presumption” means that if the missing person reappears, the decree may be overturned, and any heir who received a share of the estate must return it.
Finally, the District Court within whose jurisdiction the missing person last resided is the competent authority to handle the case.
This article is for informational purposes only and should not be considered legal advice.
Panayiotis G. Kyprianou
Lawyer – Legal Advisor
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